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HomeMy WebLinkAboutresolution.apz.001-06RESOLUTION NO. 01 (SERIES OF 2006) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE WITH CONDITIONS THE HOLIDAY HOUSE SUBDIVISION, CONCEPTUAL REVIEW OF THE PUD AMENDMENT, GRANTING OF A GMQS APPROVAL FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, AND CERTAIN VARIANCES FROM THE RESIDENTIAL DESIGN STANDARDS TO CONSTRUCT A MUTI-FAMILY BUILDING CONSISTING OF TWENTY-FIVE DEED-RESTRICTED AFFORDABLE HOUSING UNITS ON THE PROPERTY K1NOWN AS 125 AND 127 WEST HOPKINS AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 735-124-59- 702 WHEREAS, the Community Development Department received an application from Aspen Skiing Company, represented by Phillip Ring, requesting a combined review and approval of Subdivision, consolidated PUD Amendment, GMQS approval for the development of affordable housing, and certain variances from the Residential Design Standards to construct a multi-family building consisting of twenty-five deed-restricted affordable housing units located on the property known as 125 and 127 W. Hopkins Avenue; and, WHEREAS, the subject property is zoned RMF (Residential Multi-Family) with a PUD overlay; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, the Planning and Zoning Commission determined during the review of the application that the application was available for a combined review of the land use requests but that the PUD Amendment should not be reviewed as a consolidated review but as a four-step review; and, WHEREAS, during a duly noticed public heating on August 16, 2005, the Planning and Zoning Commission reviewed the application, took public comment, and continued discussion on the application until October 4, 2005; and, WHEREAS, on October 4, 2005, the Planning and Zoning Commission reviewed the application, took pubhc comment, and again continued discussion on the application until November 1, 2005; and, WHEREAS, to further review the suggestions raised by the Planning and Zoning Commission at the October 4th heating, the Applicant requested, and the Commission granted a continuance of the Application until January 3, 2006; and, WHEREAS, on January 3, 2006, the Planning and Zoning Commission approved Resolution No. 01, Series of 2006, by a seven - zero (7-0) vote, recommending that City Council approve with conditions, the proposed subdivision, conceptual PUD Amendment, GMQS approval for the development of affordable housing, and certain variances from the Residential Design Page 1 of 6 Standards to construct a multi-family building consisting twenty-five deed-restricted affordable housing units located on the property known as 125 and 127 W. Hopkins Avenue; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets many of the applicable development standards and where the standards are varied, that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby recommends that City Council approve with conditions the Holiday House Subdivision, conceptual PUD Amendment, GMQS approval for the development of affordable housing, and certain variances fi:om the Residential Design Standards in order to construct a multi-family building consisting of twenty-five deed-restricted affordable housing units located on the property known as 125 and 127 W. Hopkins. Section 2: Plat and Agreement The Applicant shall record a subdivision/PUD plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. An excavation stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction Page 2 of 6 management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. f. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. g. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. h. Accessibility and ADA to all units and the parking area shall be addressed to satisfactorily meet the building code. i. A detailed and adequate snow storage plan to be reviewed and approved by the Community Development Engineer. Section 4: Dimensional Requirements The redevelopment of the building as presented will vary the dimensional requirements of the Residential Multi-Family (RMF) Zone District. As a PUD Amendment, the dimensional requirements shall be set as follows: PUD Dimensional Requirements Minimum Lot Size 6,000 SF Minimum Lot Width 60 Feet Minimum Lot Area/Dwelling No Requirement Minimum Front Yard Setback 5 Feet Minimum Side Yard Setback 5 Feet Minimum Rear Yard Setback 5 Feet Maximum Height Up to 32 Feet as allowed in the underlying zone district Floor Area Ratio (FAR) 1.5:1, not to exceed 23,625 SF Section 5: Off- Street Parking Requirements As part of the PUD Amendment the parking requirement shall be set at nineteen (19) off-street parking spaces. Additionally, the parking shall be adequately screened on the side property lines by a fence or other method, amenable to the Community Development Director. City of Aspen on-street parking permits shall not be provided to residents of the development, upon the request of the Applicants, as an auto disincentive. Section 6: Variances From the Residential Design Standarda Two variances from the Residential Design Standards are granted. The applicant is not required to provide six (6) street oriented entrances for the multi-family building as required in L.U.C. Section 26.410.040 D.I., Street oriented entrance and principal window. Instead, the applicant shall have two street oriented entrances as presented in the development application for the Page 3 of 6 January 3, 2006 hearing, both of which shall meet the requirements of Section 26.410.040 D.l.a., b., andc. Additionally, the second variance granted to the Applicant is an exemption from L.U.C. Section 26.410.040 D.2., First story element. The front fa¢ade shall be constructed as depicted in the development application for the January 3, 2006 hearing. Section 7: Trash/Utility Service Area The trash enclosure shall only be used with be wildlife proof trash dumpsters or containers. Section 8: Engineering All pertinent City requirements for sidewalk design need to be included as part of this project design. Including but not limited to, ADA ramps and grading, curb and gutter, and detached sidewalks. A CMP plan meeting the requirements of the City will be required as part of the approval process. Submission of this report should be before any building permit application to allow open discussion of phasing and traffic impacts. The Staff can provide a list of those CMP requirements inclusive of: construction traffic routing, erosion BMP's, soil stabilization, drainage impacts, and construction phasing plan for use in development of that plan. Drainage in the alley behind this project may be compromised due to the construction associated with this project. The alley shall be returned to its pre-construction condition and may require re-grading or base material. Section 9: Affordable Housing A. The units shall be deed restricted as Category 1 for the studio and one-bedroom units, Category 2 for the two-bedroom units, Category 3 for the three and four-bedroom units, and Category 4 for the five-bedrooms. The manager's unit, however, shall have the flexibility to waive the income and asset requirements. A credit shall be given to the ASC in the amount of 19 FTE's. A document shall be recorded prior to Certificate of Occupancy stating the FTE credit of 19. Each time credits from this development are utilized for mitigation purposes; an amended document shall be recorded stating the unused credits. C. The deed-resthction shall be recorded at the time of recordation of the Condo Plat and prior to Certificate of Occupancy. APCHA or the applicant shall structure a deed restriction for the units such that 1/10th of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or the applicant may propose any other means that the Housing Authority determines acceptable. Section 10: Fire Mitigation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. Section 11: Water Department Requirements Page 4 of 6 The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. Section 12: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Old service line connections must be excavated and abandoned at the main sanitary sewer line according to ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Section 13: Electrical Department Requirements The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. Section 14: Exterior Lillhtin~ All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 15: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 16: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a fee prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. Section 17: Parks An approved tree removal permit is required prior to submitting the building permit. The Parks Department sign off will be contingent on the approved tree permit. A detailed tree protection plan is required as part of the building permit set and should include fence details and fence Page 5 of 6 locations as well as the following language, "A construction fence shall be installed at the drip line of each individual or grouping of trees remaining on site. No excavation, storage of materials, storage of construction backfill, storage of equipment, and foot or vehicle traffic will be allowed within the tree protection fence. Contact the City of Aspen Parks Department for inspection of the fence, 920-5120 before any construction activities commence. After inspection and approval of the fence location the fence cannot be moved or removed without permission from the Parks Department or until the project receives the Certificate of Occupancy." Cash-in- lieu will be required due to the lack of space for on-site mitigation. The cottonwoods along Hopkins will be required to be trimmed by a certified tree company. Parks requests that the Applicant remove the Sub-Alpine Fir within the R-O-W. Improvements to the parkway include new grass and irrigation. Section 18: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 19: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 20: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 3rd day of January, 2006. APPROVED AS TO FORM: PLANNING AND ZONING C~)MMISSION: Jasmine Tygre, Chair ./ [.~ ATTEST: /Jackie Lothian, De-p~ty C~ty Clerk' Page 6 of 6